People v. Smith

After the State’s only eyewitness to the home invasion was questioned by the lawyers, the judge in this bench trial asked him questions about his ability to see without his glasses. Then the judge conducted a brief courtroom experiment. Minutes later, the judge found the defendant guilty.

The issue on appeal is whether, under the circumstances, the judge committed reversible error. We find he did not and we affirm the defendant’s conviction and sentence.

FACTS

Defendant Benjamin Smith (Smith) was charged with home invasion and armed violence in connection with events that occurred on September…